Power Failure: How the Texas Probate Code Leaves a Gap in the Ability to Preserve Estates After Death

Upon a person’s death in Texas, the decedent’s heirs and beneficiaries are left without the legal power to preserve the separate probate estate. Although the Texas Probate Code provides for a temporary administration in the case of an immediate need to preserve an estate, the application and court process are not correspondingly responsive. This Comment focuses on the “gap” left behind by the Texas Probate Code and the statutory inadequacies that come to light in the face of current practical problems. Additionally, this Comment proposes amendments to the statute and describes an interim solution for practitioners with the goal of each to close this “gap” in order to better preserve decedents’ estates